New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 800 - RESIDENTIAL CARE AND HEALTH FACILITY RULES
Part He-P 808 - LABORATORIES AND LABORATORY SERVICES RULES
Section He-P 808.07 - Laboratory Construction, Modifications, or Structural Alterations

(a) For new construction and for rehabilitation of an existing building including, but not limited to, renovations, modifications, reconstructions, and additions, construction documents and shop drawings, including architectural, sprinkler, and fire alarm plans, shall be submitted to the department at least 60 days prior to the start of such work.

(b) The architectural, sprinkler, and fire alarm plans in (a) above shall accurately show the room designation(s) and exact measurements of each area to be licensed including, but not limited to, window and door sizes and each room's use.

(c) Architectural, sprinkler, and fire alarm plans shall be submitted to the state fire marshal's office as required by RSA 153:10-b, V.

(d) Any licensee or applicant who wants to use performance-based design to meet the fire safety requirements shall provide the department with documentation of fire marshal approval for such methods.

(e) The department shall review construction documents, drawings, and plans of a newly proposed or existing facility for compliance with all applicable sections of RSA 151 and He-P 808 and shall notify the applicant or licensee as to whether the proposal complies with these requirements.

(f) The licensee or applicant shall comply with all applicable state laws, rules, and local ordinances when undertaking any construction or rehabilitation.

(g) A licensee or applicant undertaking construction, repairs, renovations, rehabilitation, or modifications of a building shall comply with the appropriate chapters and sections of the State Fire Code and State Building Code.

(h) Department approval shall not be required prior to initiating construction, repairs, renovations, rehabilitation, or modifications of a building, however an applicant or licensee who proceeds prior to receiving approval shall do so at their own risk.

(i) All laboratories newly constructed or rehabilitated shall comply with the Facility Guidelines Institute (FGI) "Guidelines for Design and Construction of Outpatient Facilities," (2022 edition), available as noted in Appendix A.

(j) Where rehabilitation is done within an existing facility, all such work shall comply with applicable sections of the FGI "Guidelines for Design and Construction of Outpatient Facilities" (2022 edition), available as noted in Appendix A.

(k) The department shall be the authority having jurisdiction for the requirements in He-P 808.07(i)-(j) above and shall negotiate compliance with the licensee or applicant or their representatives and grant waivers in accordance with He-P 808.10 as appropriate.

(l) Penetrations, holes, or other openings in fire walls, fire partitions, smoke barriers, floors, or ceilings that allow for the transfer of fire, heat, or smoke shall be closed and sealed using a listed or approved fire system that provides an equivalent rating as provided by the original surface.

(m) Waivers granted by the department for construction or rehabilitation under the FGI guidelines above shall not require annual renewal unless the underlying reason or circumstances for the waivers change.

(n) Variances pertaining to the State Fire Code referenced in He-P 808.07(g) above shall be granted only by the state fire marshal.

(o) Variances pertaining to the state building code shall be granted by the local building official or the state fire marshal if in a state owned building.

(p) The building, including all construction and rehabilitated spaces, shall be subject to an inspection pursuant to He-P 808.09 prior to its use.

(q) He-P 808.07 shall not apply to mobile laboratory vans.